positivism

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positivism

A school of philosophy that rejects value judgements, metaphysics and theology and holds that the only path to reliable knowledge is that of scientific observation and experiment.

positivism,

n the notion that all desired information can be obtained through data that are physically measurable.
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and inclusive legal positivism has occupied the attention of legal
and legal positivism, though it goes mostly unrecognized today owing to
More important, Hayek argues that legal positivism fails as a normative matter by implicitly 'identifying the law exclusively with state law, positivists gave a false account of law and banished from jurisprudence many rules on which the social and economic order, and hence, the authority of the state rests.
Beginning in the last half of the nineteenth century, but especially during the twentieth century, legal positivism emerged as the dominant theory of law.
However, in spite of legal positivism recognizing these arbitrary precepts as law, it does not maintain that "that which the holders of power judge convenient for the common good, the fancies of a despot, punishments decreed without law or previous condemnation" (Radbruch, 2009, p.
For CBP, however, the two riddles of legal positivism present no difficulty.
29) Admittedly, in some of these cases legal positivism prevails as in The Antelope, in which Justice Marshall, while admitting that slave trade was "contrary to the law of nature," nevertheless upheld its legality on the premise that the state of the law is unalterable because it is rooted in the consent and practice of nations.
44) Removing morality as an essential part of the identity and content of law, as legal positivism urges, has severe repercussions on a society to which a law applies for three reasons.
It also points to a more plausible connection between Jeremy Bentham and Hart, for Bentham always embedded his legal positivism within his general account of morality, the philosophy of utilitarianism.
Hart was invited to deliver the Oliver Wendell Holmes Lecture at Harvard Law School and devoted it to a defense of legal positivism, especially its insistence on the separation between law and morality.
I then use this distinction between the four concepts to criticize legal positivism.
Both legal pluralism (a specialist outgrowth of legal anthropology) and, for want of a better term, deconstructionism had set out to debunk the predominant theory of legal positivism.